The boy, Eric Lopez, received detention and a mark in his permanent file at school for supposed “sexual misconduct.” The parents were not notified at the time of the incident.

The mother has now been fighting for two months to have the label removed from her kindergartner son.

The school officials defend their position, which they say depends on state and federal guidelines.

AZ Safe, upon which the state guideline in question is based, is an initiative that helps districts collect information on their students. The state recommends that the age and maturity of a student be taken into account before labeling the student in question with a particular offense.

The mother questions whether her son’s age was taken into account, but assistant superintendent Jim Dean insists that labels are not what is focused on when the district disciplines students.

What do you think? Should a five year old boy be stuck with a “sexual misconduct” label in his permanent file? Or should it be removed?